maui diving snorkel center shop terms conditions

The .com website (the “Site”) is an online store provided by MAUI DIVING SCUBA CENTER Centers, Inc. (“MAUI DIVING SNORKEL SHOP”), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MAUIDIVING.COM OR MAUI DIVING SNORKEL SHOP MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

You understand that, except for information, merchandise or services clearly identified as being supplied by MAUIDIVING.com and/or MAUI DIVING SNORKEL SHOP, MAUIDIVING.com and MAUI DIVING SNORKEL SHOP do not operate, control or endorse any information, merchandise or services on the Internet in any way.Except for MAUIDIVING.com-identified or MAUI DIVING SNORKEL SHOP-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with MAUIDIVING.com or MAUI DIVING SNORKEL SHOP. You also understand that MAUIDIVING.com and MAUI DIVING SNORKEL SHOP can not and do not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You warrant and represent that you are a certified SCUBA diver, with the training necessary to safely use any of the merchandise purchased through the Site. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET, AND ANY EQUIPMENT PURCHASED FROM MAUIDIVING.COM OR MAUI DIVING SNORKEL SHOP. MAUIDIVING.COM AND MAUI DIVING SNORKEL SHOP PROVIDE THE SITE, RELATED INFORMATION AND MERCHANDISE “AS IS” AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. MAUIDIVING.COM AND MAUI DIVING SNORKEL SHOP SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE QUALITY, ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MAUIDIVING.COM AND MAUI DIVING SNORKEL SHOP DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. MAUIDIVING.COM AND MAUI DIVING SNORKEL SHOP HAVE NO CONTROL OVER AND ACCEPT NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL MAUIDIVING.COM OR MAUI DIVING SNORKEL SHOP BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, TRANSACTIONS OR MERCHANDISE PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION, EVEN IF MAUIDIVING.COM, MAUI DIVING SNORKEL SHOP OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE OR PRODUCTS PURCHASED FROM MAUIDIVING.COM OR MAUI DIVING SNORKEL SHOP. MAUIDIVING.com and MAUI DIVING SNORKEL SHOP make no representations whatsoever about any other websites which you may access through this one or which may link to this Site. When you access a non- MAUIDIVING.com website, please understand that it is independent from MAUIDIVING.com, and that MAUIDIVING.com and MAUI DIVING SNORKEL SHOP have no control over the content on that website.In addition, a link to a MAUIDIVING.com website does not mean that MAUIDIVING.com endorses or accepts any responsibility for the content, or the use, of such website.

You agree to indemnify, defend and hold harmless MAUIDIVING.com, MAUI DIVING SNORKEL SHOP, and their officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.